bijualex29
05-11 02:36 PM
The bill also mentions that the greencard process starts after several years they being in USA they will not be interfering in EB visa catogories. There catagories are different.
I see this form so pesimistic that any bill pass in senate you will have complaint.
As per my talk to Mike Dewine's immigration fellow Bill, I raise this concern, there greencard process will be backlogs for several years, not yours. Also president make it very clear that the people who came to USA illegally have to wait for there turn and will process the application after all the legal people get there green card.
Right now this is the only deal in our plate.
I see this form so pesimistic that any bill pass in senate you will have complaint.
As per my talk to Mike Dewine's immigration fellow Bill, I raise this concern, there greencard process will be backlogs for several years, not yours. Also president make it very clear that the people who came to USA illegally have to wait for there turn and will process the application after all the legal people get there green card.
Right now this is the only deal in our plate.
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Macaca
08-12 06:08 PM
In fall 2003, an applicant filed a green card application, which remained pending due to FBI name checks until spring 2007. During the course of the adjudication, the applicant was fingerprinted and applied for interim benefits several times.
Although the applicant applied for most of the interim benefits in a timely manner, the filing of the last EAD was not timely, and the applicant had to end his employment. In correspondence to the Ombudsman in the winter of 2007, the applicant related that he is a cancer patient who no longer has income necessary to pay for treatments. (page 40)
A green card application filed in late spring 2003 with a service center remains pending. The applicant filed his fourth EAD in the fall of 2006. In January 2007, the applicant needed the EAD to continue employment, but had not yet received it more than 90 days after filing. As advised by USCIS, the applicant visited the USCIS field office to obtain an interim EAD. At the field office, USCIS told the applicant it no longer issues interim EADs. USCIS gave the applicant a form to request an interim EAD, which the applicant filed with the service center but received no response.28 The applicant contacted the Ombudsman in February 2007. The applicant�s green card application remains pending, while the interim EAD was approved late. (page 17)
Although the applicant applied for most of the interim benefits in a timely manner, the filing of the last EAD was not timely, and the applicant had to end his employment. In correspondence to the Ombudsman in the winter of 2007, the applicant related that he is a cancer patient who no longer has income necessary to pay for treatments. (page 40)
A green card application filed in late spring 2003 with a service center remains pending. The applicant filed his fourth EAD in the fall of 2006. In January 2007, the applicant needed the EAD to continue employment, but had not yet received it more than 90 days after filing. As advised by USCIS, the applicant visited the USCIS field office to obtain an interim EAD. At the field office, USCIS told the applicant it no longer issues interim EADs. USCIS gave the applicant a form to request an interim EAD, which the applicant filed with the service center but received no response.28 The applicant contacted the Ombudsman in February 2007. The applicant�s green card application remains pending, while the interim EAD was approved late. (page 17)
thomachan72
05-29 07:20 AM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
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bharol
08-18 11:49 PM
Purgan,
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
more...
miguy
05-15 10:00 AM
I didn't know we could file for both simulataneously. I thought it is either one or the other. Can someone clarify?
god_bless_you
04-09 12:12 PM
If bribery and corruption are major issues, why not start the "anti-corruption" political party? It will likely be small, but it may become the "king maker" one day and have a real influence on policy. An example is the "Action Democratique" party in Quebec. They are mainly Gen-Xers which means they are almost all under 40. After decades of seperatists and Liberals dominating Quebec, they had had enough and now they are the official opposition after ten years.
For political change in the US, we have a handicap which is that we are not citizens. (Desipite this IV seems to do well.) But as an Indian, you have much more clout in India if you organize. Use the 'net as IV does. And corruption is never popular with the people who do not benefit (most of us).
yes, There is some movement going on in India..
www.loksatta.org
For political change in the US, we have a handicap which is that we are not citizens. (Desipite this IV seems to do well.) But as an Indian, you have much more clout in India if you organize. Use the 'net as IV does. And corruption is never popular with the people who do not benefit (most of us).
yes, There is some movement going on in India..
www.loksatta.org
more...
probe
10-13 08:58 PM
I applied AP for myself and my wife on Aug 29 (NSC), so far nothing. But My wife's EAD applied on Sept 2 got approved last week.
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EB3_SEP04
05-29 02:10 AM
Kavya Shivshankar won the spelling bee 2009
http://www.cnn.com/2009/US/05/28/national.spelling.bee/
I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.
Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?
I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.
http://www.cnn.com/2009/US/05/28/national.spelling.bee/
I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.
Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?
I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.
more...
akgind
11-06 01:22 PM
Got it now!
Your signature is wrong... Gave me wrong impression. Anyways, heartly congratulations for getting out of this mess.
Thanks. You are right - it is a big mess. Wish you good luck with yours.
Your signature is wrong... Gave me wrong impression. Anyways, heartly congratulations for getting out of this mess.
Thanks. You are right - it is a big mess. Wish you good luck with yours.
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yabadaba
06-28 12:51 PM
good...looks like they are taking proactive steps to handle the loadssssss of 485s that will be filed.
more...
guy03062
03-01 12:05 PM
Words are not enough to applaud efforts by IV volunteers. I sincerely hope & pray for its successful outcome soon and all of us benefits and end our GC journey soon!
Also I have contributed second time. Again thanks for your genuine efforts. Please keep it up!!
Also I have contributed second time. Again thanks for your genuine efforts. Please keep it up!!
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Edison99
02-10 02:05 PM
Good luck with your new journey!
This is an amazing forum, and I would like to thank you all for the useful information.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
This is an amazing forum, and I would like to thank you all for the useful information.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
more...
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ragz4u
04-03 10:50 AM
These are the talking points that AILA is suggesting for calls made to the Senators :
http://capwiz.com/aila2/callalert/index.tt?alertid=8554496&type=CO
(please call between 9am & 5pm)
Ask For: Immigration Staffer
Talking Points:
1) Tell your Senator to support the Judiciary Committee's comprehensive immigration reform bill!
2) Tell them that we need a workable solution and path to eventual permanent status for the 12 million undocumented!
3) Tell them that we need a new temporary worker program that offers labor protections and a path to permanent status!
4) Tell them that the family and employment backlog provisions in the Chairman's Mark are good and should remain in the bill!
5) Tell them that full access to the Circuit Courts of Appeal must be preserved!
I hope knnmbd realizes here that AILA has no mention of legal immigrants in the call to Senators.....your thoughts knnmbd?
http://capwiz.com/aila2/callalert/index.tt?alertid=8554496&type=CO
(please call between 9am & 5pm)
Ask For: Immigration Staffer
Talking Points:
1) Tell your Senator to support the Judiciary Committee's comprehensive immigration reform bill!
2) Tell them that we need a workable solution and path to eventual permanent status for the 12 million undocumented!
3) Tell them that we need a new temporary worker program that offers labor protections and a path to permanent status!
4) Tell them that the family and employment backlog provisions in the Chairman's Mark are good and should remain in the bill!
5) Tell them that full access to the Circuit Courts of Appeal must be preserved!
I hope knnmbd realizes here that AILA has no mention of legal immigrants in the call to Senators.....your thoughts knnmbd?
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wahwah
09-21 01:25 PM
you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...what are you campaigning for...your rights to get more greencards? then you sound like the illegals who also campaigning for their rights to be us citizens. you can campaign till the cows come home and you aren't going to get squat. note that the illegal hispanic community has a much stronger lobby than legals and they've been working the congress for years...nothing has come out of it.
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
just sit and wait and assume that nothing will happen..? ever wonder what would have happened during the July 2nd Fiasco if we did not stand up and campaign for our cause, you think they would have done any thing? Following your principle of do nothing would have lead us no where during the July Second fiasco. THINK!
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
just sit and wait and assume that nothing will happen..? ever wonder what would have happened during the July 2nd Fiasco if we did not stand up and campaign for our cause, you think they would have done any thing? Following your principle of do nothing would have lead us no where during the July Second fiasco. THINK!
more...
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indian111
08-14 11:04 AM
E-filed on May 22 ,
Fp done June 17,
LUD on 07/22
No updates so far .
My current EAD expires on sep 17 and I already received a letter from my employe abt the new EAD card submisison to continue employmnet .
Did anyone try writing to senators or congreesmen for EAD approval delay ??
Fp done June 17,
LUD on 07/22
No updates so far .
My current EAD expires on sep 17 and I already received a letter from my employe abt the new EAD card submisison to continue employmnet .
Did anyone try writing to senators or congreesmen for EAD approval delay ??
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eastindia
05-21 01:05 PM
I copied and pasted the post and sent it to few friends who live in DC and in tri-state area.
more...
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illusions
01-13 01:49 PM
How on earth did EB3 ROW not move?!
i'm not sure as to why it didn't move an inch... but this really sucks.
i'm not sure as to why it didn't move an inch... but this really sucks.
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Jaime
09-22 03:29 AM
Hi everyone.
I was part of the San Jose rally .. where there were about 300 odd people.
My neighbors had been to the immigration rally in Washington(flew from San Jose) and they said that there were about 1000 people there.
I have been following the immigration issues for sometime .. and I'm not very convinced that such small numbers can make the difference.
Silicon Valley has maybe a 100,000 Indian engineers or more. Add families .. and a much higher number. Add Chinese and European immigrants .. and you have all of Silicon valley :)
We should hold a huge rally say in the campus of some company like Cisco .. or Google(who are immigrant friendly) on a work day .. say Friday lunch time .. and have everyone attend.
Being in Cisco .. you can pretty much get all their employees to attend... which is substantial.
Also have industry people talking in favor of better immigration policies.
(we could hold it in some other company or a common area .. anything works)
Unless we can have a substantial number of folks say 10,000 or more .. I don't honestly see too much of a point.
Even if IV collects a few million dollars .. and lobbies .. it will never have the impact of 10000 people protesting.
We need to see if we can have similar rallies ever month in major hubs like New York, Washington, Seattle, Houston.
Unless we have s sustained campaign and we have the numbers .. I personally do not see things really changing.
I see people being optimistic about 300 folks in San Jose rally and 1000 in Washington. But having been to the rally in San Jose I don't see how 3 times that number in Washington is going to cut it. (Read Logiclife's post ... but we still need the numbers !!)
I'm not being a pessimist .. appreciate all the efforts that IV core undertakes .. but am totally unconvinced of major immigration changes. Looking at something like CIR being struck down .. after being on television for long and being debated .. I think we should get real.
Thank you
V
We really SHOULD get REAL NOW! Meaning that we PUSH HARDER NOW! Let's not let the iron cool!!!!
I was part of the San Jose rally .. where there were about 300 odd people.
My neighbors had been to the immigration rally in Washington(flew from San Jose) and they said that there were about 1000 people there.
I have been following the immigration issues for sometime .. and I'm not very convinced that such small numbers can make the difference.
Silicon Valley has maybe a 100,000 Indian engineers or more. Add families .. and a much higher number. Add Chinese and European immigrants .. and you have all of Silicon valley :)
We should hold a huge rally say in the campus of some company like Cisco .. or Google(who are immigrant friendly) on a work day .. say Friday lunch time .. and have everyone attend.
Being in Cisco .. you can pretty much get all their employees to attend... which is substantial.
Also have industry people talking in favor of better immigration policies.
(we could hold it in some other company or a common area .. anything works)
Unless we can have a substantial number of folks say 10,000 or more .. I don't honestly see too much of a point.
Even if IV collects a few million dollars .. and lobbies .. it will never have the impact of 10000 people protesting.
We need to see if we can have similar rallies ever month in major hubs like New York, Washington, Seattle, Houston.
Unless we have s sustained campaign and we have the numbers .. I personally do not see things really changing.
I see people being optimistic about 300 folks in San Jose rally and 1000 in Washington. But having been to the rally in San Jose I don't see how 3 times that number in Washington is going to cut it. (Read Logiclife's post ... but we still need the numbers !!)
I'm not being a pessimist .. appreciate all the efforts that IV core undertakes .. but am totally unconvinced of major immigration changes. Looking at something like CIR being struck down .. after being on television for long and being debated .. I think we should get real.
Thank you
V
We really SHOULD get REAL NOW! Meaning that we PUSH HARDER NOW! Let's not let the iron cool!!!!
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BharatPremi
09-20 05:46 PM
Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.
Then you are a special case to USCIS. In my whole "GC career", you are the first case I am hearing about having AC21 related notification from USCIS.
Chandu's comments are entirely truthful and your case is the special one as USCIS really does not have any sysem to account or to notify related with AC21 usage.
Then you are a special case to USCIS. In my whole "GC career", you are the first case I am hearing about having AC21 related notification from USCIS.
Chandu's comments are entirely truthful and your case is the special one as USCIS really does not have any sysem to account or to notify related with AC21 usage.
DDLMODES
07-06 12:48 PM
If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.
I don't think they will cash any checks. They know at least not to do that.
I don't think they will cash any checks. They know at least not to do that.
indianindian2006
03-16 01:34 AM
Welcome back UN. One question. Does the USCIS have ability to check credit histroy.
Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.
Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.
There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.
I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.
In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.
Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.
I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).
Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.
Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.
This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.
Department of Homeland Security has access to a lot of information that they didn't have before.
Lots of things have changed since 9/11. Browse immigration.com for peoples postings over the last seven years and find some articles written by attornies and deportation cases.
Before your flight even takes off; the passenger manifest is sent to Department of Homeland Security. They run it against every database they have. Before, you land they already know whether you have a criminal record (expunged or not); you have a warrant or are on a terror watch list.
There were some high profile cases where department of homeland security received the information late and had the plane diverted to Canada and had passenger removed who was on such list. I even believe Cat Stevens was denied entry after his plane left England. I think the plane had to stop in Nova Scotia and they wouldn't let him back onto the plane.
I have known people who had shoplifting record in California that was expunged. When they went for visa stamping they answered that they hadn't been arrested (chennai consulate). Visa officer already had the information and confronted person with it. Person explained that since it was expunged; their criminal attorney told them they didn't need to declare such things. Person had to get the court/arrest records to show consulate (Person is on h-1b and has US citizen child (for what it's worth). Don't know if person was able to come back here.
In local office interviews; people have been asked if they have criminal record (I/O's basically ask every question again on 485 and g-325a; just to see if person is telling the truth (they already know the answer). Person replied no and USCIS officer stated that was not the information they had and confronted the person with the record.
Every time someone opens up a bank account, brokerage account, etc.; their name gets sent to Washington DC and checked against terrorist watch lists under the anti money laundering rules which I believe came into effect in 2002. Why is that relevant.
I know of two people. One lady who after she got EAD/AP was awaiting local office interview. She went to India and came back to USA. At the border; CBP asked her if she owned any company. Before, she could answer they named the company. In her passport, they made annotation of possible immigration fraud and sent her for deferred inspection to local CBP office. Lucky for her she had opened up the company after she got EAD and CBP allowed her in and eventually she got greencard (she opened up the company and had husband contracting through the company).
Another person I know; he had H-1b and was working for some motels (he specifically told me he did IT work and wasn't working as a clerk and the company was a holding company with many motels). His case was transferred to local office. Local office called him and stated they wanted him to come to office next day. When he went they asked him why he was listed as an account signatory on the motels bank account. They thought he wasn't doing h-1b work and was doing unauthorized work.
Both of the above cases I know intimately. They both got on radar of USCIS because of the anti money laundering rules and their names came up against the databases that USCIS checks and they decided to start further investigating.
This is one of the reasons that these background checks take so long. There is a lot more they do other then check to see if you are a terrorist.
Department of Homeland Security has access to a lot of information that they didn't have before.
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